my friend is off sick until 19th jan. her employer wants her back before that, or she will be sacked. Her therapist and doctor say she shouldn't return until her sick note runs out. The employers occupation health said she should come back now. Can they do this? She is ill and the stress is making her worse!
Our employer won't let us back on the premises until we have been signed off as fit to return, and on occasion Occy Health gets involved - but it would be unusual circumstances for Occy Health to override the GPs. I guess it may depend on the reason why she is ill and off work!
You aren't sacked for being ill, you are sacked for failing to attend work. What the doc and therapist should be doing is saying what kind of work your friend could do and how long a day she could work.
Im afraid in this day and age employers are becoming more and more ruthless, your ill friend is replaceable and there are so many others that will gladly take her place - those who are desperate for work. As the saying goes, there is no room for sentiment in business. There are many factors involved here such as hoiw much time sick has she had off previously and/or time off, how long has she been employed with the company for ?
okay. Does she leave the house, wash and dress herself, do her own shopping, attend social events, make her own decisions, use a phone, do some housework?
Without giving all her details, it is a bona fide reason. And she has only been off for 7 weeks. She has an explempary work record, does the work of three people and has worked for the company for years, and it is a huge international company...
Your friend won't have a leg to stand on, pardon the pun, it's your employer's OH assessment against that of your doc, its a toughie, but that is how it is. How long has she worked there for, if it is less than a year and she keeps taking time off it doesnt look good, employer's take attendance or lack of it very seriously - sick or not, its a harsh world out there, unless you have a very leniant and humane employer.
She has broken her contract of employment as she can't do the work necessary. The decent thing for her to have done was resign & make way for a replacement.
Presently she's just a drain on her employer - hope she doesn't want a reference when she recovers.